News & Pubs Archive

A Wisconsin prison inmate who adopted a “spiritual name” challenged a prison policy on name changes by inmates. Recently, a federal appeals court upheld the policy and rejected the inmate’s constitutional and statutory claims.

State and federal laws require employers to maintain a safe workplace. Recently, a state appeals court clarified that federal law does not preempt an injured party’s ability to get additional compensation under state worker’s compensation law.

Police stopped a man for expired plates and issued a warning. But then the officer conducted a dog sniff, uncovering marijuana. Recently, a state appeals court overturned the man’s conviction for possession of marijuana with intent to deliver.

A consumer who borrowed short-term loans at annualized interest rates of 246 and 385 percent says the loans are unconscionable. Recently, a state appeals court asked the Wisconsin Supreme Court to “draw the line.”

Madison-based artist Quincy Neri designed a glass-blown sculpture installation called the “Mendota Reflection,” photos of which were featured by various project participants. Recently, a federal appeals court ruled in favor of Neri.

The Wisconsin Supreme Court largely wrapped up its 2012-13 term, issuing 31 opinions in July. In total, the court issued 98 opinions this term. This article highlights some of the major decisions of the term, both criminal and civil.

The Deep Tunnel that prevents wastewater from polluting Lake Michigan is damaging Milwaukee buildings, and now the Milwaukee Metropolitan Sewerage District (MMSD) must pay to fix it, the Wisconsin Supreme Court has ruled.

A public utility that took easements on private land to build electrical transmission lines must acquire the entire property, because the easements left private landowners with an “uneconomic remnant,” the Wisconsin Supreme Court has ruled.

Andrew Edler, a suspected arsonist, twice invoked his right to counsel during separate police interrogations before incriminating himself. Recently, the state supreme court ruled that Edler’s incriminating statements were rightfully suppressed.

Whether the decisions of corporate directors are protected by the “business judgment rule” is a fact-intensive inquiry that cannot generally be resolved at the motion to dismiss stage, a state appeals court recently clarified.

A concrete salesperson told a customer, a corporation, that previous problems with the product had been cured. That wasn’t true. Recently, the Wisconsin Supreme Court ruled that the customer has a viable fraudulent misrepresentation claim.

Circuit courts can still void marriages after one spouse dies, the Wisconsin Supreme Court has ruled, meaning a petitioner can challenge a surviving spouse’s share of an estate on the grounds that the marriage should be voided.

July 25, 2013 – In the recently decided Xcel Energy Services Inc. v. Labor and Industry Review Commission and John Smoczyk, the Wisconsin Supreme Court reversed the Court of Appeals in a case involving a worker’s compensation benefits decision made by the Labor and Industry Review Commission.

July 23, 2013 – In the combined July/August issue of Wisconsin Lawyer magazine, available online and in mailboxes soon, Wisconsin’s high-profile case between two high-powered law firms is the backdrop for discussions on Internet marketing and privacy.

Can minor children sue for wrongful death when a parent is killed and leaves behind an estranged spouse? The Wisconsin Court of Appeals recently bypassed the question, asking the Wisconsin Supreme Court to decide.

Although the case was “bristling with important social policy issues,” the Wisconsin Supreme Court did not decide whether minors can refuse potentially life-saving medical treatment on religious grounds because the case at hand is moot.